An appeal has been filed in a British Columbia Supreme Court decision that upheld public health orders banning indoor religious services in response to the outbreak of COVID-19 in the province. THE CANADIAN PRESS/Darryl Dyck

An appeal has been filed in a British Columbia Supreme Court decision that upheld public health orders banning indoor religious services in response to the outbreak of COVID-19 in the province. THE CANADIAN PRESS/Darryl Dyck

B.C. churches to appeal court decision that upheld COVID-19 restrictions

The Justice Centre for Constitutional Freedoms announced Thursday it is asking for a higher court to review the decision

An appeal has been filed in a British Columbia Supreme Court decision that upheld public health orders banning indoor religious services in response to the outbreak of COVID-19 in the province.

A statement from the Justice Centre for Constitutional Freedoms, which represents a group including three Fraser Valley churches, announced Thursday that it was asking for a higher court to review the decision.

Paul Jaffe, a lawyer with the advocacy group, argued during hearings last month that the orders by provincial health officer Dr. Bonnie Henry unjustifiably infringed on his clients’ right to freedom of religion.

Chief Justice Christopher Hinkson found the orders were justified and the question before the court wasn’t whether Henry struck the right balance on the infringement, but whether she acted reasonably given the information available to her.

No one from the Attorney General’s Ministry was immediately available for comment on the notice of appeal.

Justice Centre lawyer Marty Moore says in a statement the judge decided to “set aside the constitutional scrutiny” that applies to such laws “in favour of extreme judicial deference to an unelected bureaucrat.”

“A declared public health crisis does not permit courts to neglect their constitutional obligation to ensure that government actions respect the charter rights of citizens,” he says.

The notice of appeal dated March 31 seeks an order quashing Hinkson’s judgment and granting the original relief sought by the petitioners, along with costs.

Henry made changes to her rules for houses of worship last week that would have allowed for services of up to 50 people in indoor settings, but reversed that decision this week as COVID-19 cases reached a new peak.

Her orders now allow outdoor services under certain rules and restrictions.

Jaffe has said the petitioners, which include the Riverside Calvary Chapel in Langley, Immanuel Covenant Reformed Church in Abbotsford and the Free Reformed Church of Chilliwack, had been careful to adopt safety protocols similar to those approved by Henry in places that remained open.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

An Interior Health nurse administers Pfizer-BioNTech COVID-19 vaccines to seniors and care aids in Kelowna on Tuesday, March 16. Photo: Phil McLachlan/Kelowna Capital News
Interior Health opens up vaccine eligibility in Columbia Valley to 18 years or older

Only local residents can register and book appointments as COVID-19 case counts spike in the region

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
110 new cases of COVID-19 in Interior Health

Provincial health officers announced 1,005 new cases throughout B.C.

BGC Cranbrook will renovate a facility to relocate 24 existing spaces and add 24 new spaces with support from the Trust. Photo courtesy Columbia Basin Trust.
Grant funding to help create new childcare spaces in Cranbrook

Columbia Basin Trust providing $10,000 to BGC Cranbrook to help renovate new facility

Earlier this spring, the City of Cranbrook started positioning components of the Stormceptor system to carry storm runoff to Elizabeth Lake from the Innes Avenue neighbourhood. Photo submitted
Stormceptor will bring clean run-off to Elizabeth Lake

The City of Cranbrook is installing new infrastructure to handle the Innes Avenue neighbourhood, but go easy on Elizabeth lake

Interior Health nurses administer Pfizer-BioNTech COVID-19 vaccines to seniors and care aids in Kelowna on Tuesday, March 16. (Phil McLachlan/Kelowna Capital News)
69 new cases of COVID-19 in Interior Health

The total number of cases in the region is now at 9,840 since the pandemic began

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

A syringe is loaded with COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. to open up COVID vaccine registration to all B.C. residents 18+ in April

Registration does not equate to being able to book an appointment

(Black Press file photo).
Multiple stabbings at Vancouver Island bush party

Three youths hospitalized after an assault in Comox

Selina Robinson is shown in Coquitlam, B.C., on Friday November 17, 2017. British Columbia’s finance minister says her professional training as a family therapist helped her develop the New Democrat government’s first budget during the COVID-19 pandemic, which she will table Tuesday. THE CANADIAN PRESS/Darryl Dyck
B.C. finance minister to table historic pandemic-challenged deficit budget

Budget aims to take care of people during pandemic while preparing for post-COVID-19 recovery, Robinson said

Each spring, the Okanagan Fest-of-Ale is held in Penticton. This year, as a result of the COVID-19 pandemic, the festival will not be held. However, beer is still available. How much do you know about this beverage? (pxfuel.com)
QUIZ: How much do you really know about beer?

Put your knowledge to the test with this short quiz

Lord Tweedsmuir’s Tremmel States-Jones jumps a player and the goal line to score a touchdown against the Kelowna Owls in 2019. The face of high school football, along with a majority of other high school sports, could significantly change if a new governance proposal is passed at the B.C. School Sports AGM May 1. (Malin Jordan)
Power struggle: New governance model proposed for B.C. high school sports

Most commissions are against the new model, but B.C. School Sports (BCSS) and its board is in favour

Pall Bearers carrying the coffin of the Duke of Edinburgh, followed by the Prince of Wales, left and Princess Anne, right, into St George’s Chapel for his funeral, at Windsor Castle, in Windsor, England, Saturday April 17, 2021. (Danny Lawson/Pool via AP)
Trudeau announces $200K donation to Duke of Edinburgh award as Prince Philip laid to rest

A tribute to the late prince’s ‘remarkable life and his selfless service,’ the Prime Minister said Saturday

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Most Read